A driver unloads packages from a FedEx truck in New York, June 23, 2005. FedEx drivers' counsel says the company's move to disqualify the firm from a nationwide driver-misclassification collective action improper and speculative in a filing at the U.S. District Court for the Western District of Pennsylvania March 5, 2020.

Photographer: Michael Nagle/Bloomberg News

FedEx Drivers’ Counsel Fires Back at Disqualification Move

Lichten & Liss-Riordan says FedEx Ground Packaging’s move to disqualify the firm from a nationwide driver-misclassification collective action is just a “last-ditch” attempt to derail litigation and harass a persistent opponent, according to federal court filings.

FedEx’s conflict allegation isn’t just wrong, its “highly speculative” and designed to prevent the court from notifying more than 150,000 drivers that they can opt into the conditionally-certified collective, LRR says in an opposition brief filed Thursday in the U.S. District Court for the Western District of Pennsylvania.